Street Market Regulations: Locations and Permits

Classified in Law & Jurisprudence

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Event Locations

Installation Art of Markets:

  • Installation art should be allowed on lots or open spaces, either within or contiguous to the urban core.
  • RLVA Art empowers municipalities to propose an alternative location after hearing professional organizations, unions, and more locally representative consumers.
  • Alternative locations must be justified and approved by the Directorate General for Trade.
  • The prohibition of access to public buildings, or anywhere else that would impede access or circulation of pedestrians and vehicles, or endanger public safety, should be avoided.
  • Whenever possible, avoid installation at a distance less than 5 meters from a store.

Temporary Road Closures:

  • RLVA Art empowers local authorities to agree to the temporary closure of certain road traffic, enabling pedestrian zones that allow the installation of markets.

Tradable Goods:

  • Each municipality determines, under the terms set forth in the applicable regulations, the goods whose sale is permitted in the street markets held in the municipality.

Marketing Ban of Certain Products:

  • A restriction is placed on feeding those perishable products when specific legislation fails to regulate the marketing of each product group.

Related products prohibited in Article 8.2 of RD 1010/1985 and in agreement with S. 11 RLVA:

  1. Meats, poultry and game, fresh, chilled, and frozen.
  2. Seafood, fresh, chilled, and frozen.
  3. Certified milk and pasteurized milk.
  4. Fresh cheese, cottage cheese, cream, butter, yogurt, and other fresh dairy products.
  5. Pastry and pastries, stuffed or garnished.
  6. Fresh and stuffed pasta.
  7. Anchovies, smoked, and other semi-preserved foods.
  8. Any other product that the competent authorities deem to pose a health risk.

In the same article of RLVA, street trading is permitted in the listed products when they are properly packaged and, in the view of the health authorities, have adequate refrigeration, and enforcement of sanitary conditions is guaranteed by municipalities.

Jurisdiction and Procedure for Granting

Competition for Licensing:

  • The jurisdiction for licensing is for the *Ayuntamientos* (City Councils).
  • Any license or permit granted by other public administrations does not exempt the holder from obtaining licenses from local authorities, while respecting the relevant provisions of sectoral laws.

Within the Council:

  • The power is attributed to the Mayor, unless sectoral laws expressly attribute it to the full board or local government.
  • This provision is complemented by Article 41.9 of the organizational rules, operating and legal regime of local authorities.
  • Therefore, in principle, the appropriate licensing authority is the Mayor, the full board, or the local government, as a function of the sectoral rules that govern it, and it may be delegated.
  • In municipalities with a large population, the local board is granted powers to grant any license, unless the sectoral legislation expressly attributes it to another body.

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